"In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this by (...) no means implies that they are entitled to exercise discretionary judgment in the formulation of such standards." With Dworkin, distinguishes weak and strong discretion: the former means merely final or controversial; the latter implying that judges are at some point free to reach decisions not controlled by authoritative standards. Agrees with Dworkin that non-rule standards are part of law. "Both Dworkin and I are in agreement that law is a system of entitlements, although, as we shall see, we differ as to what is their basis." "At any rate, we share the view that a litigant before a court of law is not in the position of one begging a favor from a potential benefactor, but rather in that of one demanding a particular decision as a matter of right, as something to which the law entitles him. Such a demand has two aspects: a claim that a right exists which the law recognizes; a claim that this right takes precedence over any competing legal rights or obligations involved. Let us refer to these two sorts of claims respectively as ones involving decisions as to recognition, and weight.:" Argues that we cannot distinguish between legal moral principles and non-legal moral principles without a rule of recognition. The same is true for the problem of establishing weight between various principles - here we have to consider how well a principle coheres with the institutional practice of a legal system. "[I]t is the distinctive feature of the institutionalized role of the judiciary, in contrast to the legislative, that it may not directly base decisions on substantive considerations of the value of competing social policies." "The theoretical possibility of the law being indeterminate with regard to what it requires...does not imply any correspondign indeterminacy with regard to what is required of the judge.". (shrink)

The order in which Plato’s thoughts follow upon one another in the Republic is logical, but the dramatic or the picturesque medium through which he is constantly presenting his ideas disguises the logical structure of the work.

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

The paper tries to illustrate the influence of Aristotle's thought upon Brentano by arguing that the view that all psychological phenomena have objects was proably derived from the Aristotelian conception that the mind can know itself only en parergo, and that this knowledge presupposes that some other thing be in the mind "objectively". Brentano's contribution to Aristotle scholarship is illustrated by reviewing some of his arguments against Zeller's claim that Aristotle's God, contemplating only himself, is ignorant of the world. The (...) paper concludes with an attempt to explain the relative neglect into which Brentano's exegetical efforts have fallen. (shrink)

Abduction is considered the most powerful, but also the most controversially discussed type of inference. Based on an analysis of Peirce’s retroduction, Lipton’s Inference to the Best Explanation and other theories, a new theory of abduction is proposed. It considers abduction not as intrinsically explanatory but as intrinsically conditional: for a given fact, abduction allows one to infer a fact that implies it. There are three types of abduction: Selective abduction selects an already known conditional whose consequent is the given (...) fact and infers that its antecedent is true. Conditional-creative abduction creates a new conditional in which the given fact is the consequent and a defined fact is the antecedent that implies the given fact. Propositional-conditional-creative abduction assumes that the given fact is implied by a hitherto undefined fact and thus creates a new conditional with a new proposition as antecedent. The execution of abductive inferences is specified by theory-specific patterns. Each pattern consists of a set of rules for both generating and justifying abductive conclusions and covers the complete inference process. Consequently, abductive inferences can be formalised iff the whole pattern can be formalised. The empirical consistency of the proposed theory is demonstrated by a case study of Semmelweis' research on puerperal fever. (shrink)

Gegenstand der Nikomachischen Ethik (ca. 335-323 v. Chr.) ist das >tätige Leben.

We provide first-order axioms for the theories of finite trees with bounded branching and finite trees with arbitrary (finite) branching. The signature is chosen to express, in a natural way, those properties of trees most relevant to linguistic theories. These axioms provide a foundation for results in linguistics that are based on reasoning formally about such properties. We include some observations on the expressive power of these theories relative to traditional language complexity classes.

P3 is the most prominent of the electrical potentials of the human electroencephalogram that are sensitive to psychological variables. According to the most influential current hypothesis about its psychological significance [E. Donchin's], the “context updating” hypothesis, P3 reflects the updating of working memory. This hypothesis cannot account for relevant portions of the available evidence and it entails some basic contradictions. A more general formulation of this hypothesis is that P3 reflects the updating of expectancies. This version implies that P3-evoking stimuli (...) are initially unexpected but later become expected. This contradiction cannot be resolved within this formulation. The alternative “context closure” hypothesis retains the concept of “strategic information processing” emphasized by the context updating hypothesis. P3s are evoked by events that are awaited when subjects deal with repetitive, highly structured tasks; P3s arise from subjects' combining successive stimuli into larger units. The tasks in which P3s are elicited can accordingly be classified in terms of their respective formal sequences of stimuli. P3 may be a physiological indicator of excess activation being released from perceptual control areas. (shrink)

Hegel argues that Kant's critical project is analogous to the attempt to learn to swim before getting in the water. Some have taken this to indicate the broadly anti-epistemological nature of Hegel's philosophical system. In this paper, I offer a novel interpretation of the swimming argument which is both (i) compatible with a broadly epistemological conception of his Logic and (ii) more obviously efficacious against its intended target (viz. Kant). Briefly stated, the swimming argument is intended to reveal the reflexive (...) or self-implicating nature of any critical-reflection. (shrink)

Statements of the form ''Osorno is in Chile'' were presented in colors that made them easy or difficult to read against a white background and participants judged the truth of the statement. Moderately visible statements were judged as true at chance level, whereas highly visible statements were judged as true significantly above chance level. We conclude that perceptual fluency affects judgments of truth.

The book is based on documentary and biographical materials that have only recently become available.

This experimental study examines individuals’ legitimacy judgments. We develop a model that demonstrates the role of attributed motives and corporate credibility for the evaluation of organizational legitimacy and test this model with an experimental vignette study. Our results show that when a corporate activity creates benefits for the firm—in addition to social benefits—individuals attribute more extrinsic motives. Extrinsic motives are ascribed when a corporation is perceived as being driven by external rewards as opposed to an altruistic commitment to a social (...) cause. Extrinsic motives negatively affect corporate credibility and organizational legitimacy judgments. This article contributes to a better understanding of the complex process of organizational legitimacy judgment by shedding light on the individual’s perspective and expounding the relationship between attributed motives, corporate credibility, and organizational legitimacy. (shrink)

The book series Linguistische Arbeiten (LA) publishes high-quality work in linguistics that addresses current issues in synchrony and diachrony, theoretically or empirically oriented.

Previous research has shown that female leaders lead slightly more effective than male leaders. However, women are still underrepresented in higher management. In this study, we seek to contribute to a deeper understanding of this paradox by proposing and testing an innovative model that integrates different research streams on gender and leadership. Specifically, we propose power motivation and transformational leadership as two central yet opposing dynamics that underlie the relation between gender and leadership role occupancy. We tested this model in (...) a sample of 256 employees. Results provided support for the proposed relations. These findings contribute to a more detailed and comprehensive understanding for central dynamics that link gender and leadership role occupancy. Moreover, they provide important insights for interventions that are targeted at reducing the gender gap in leadership. We discuss the theoretical and practical implications of these findings. (shrink)

The essay operates an itemisation of the three main streams in the history of emotions: the history of individual emotions, the study of the role that emotions have in historical processes, and the reflection on the influence of emotions on history writing. The second part of the article is devoted to the methodological and theoretical status of the study of past emotions. It highlights how many studies in the history of emotions remain heavily conditioned by an idea of culture typical (...) of Western philosophy of history. (shrink)

Die Untersuchung der wallonischen consolatio-Übersetzung führte zur Entdeckung und Neudatierung eines lateinischen consolatio-Kommentars, der auch von Jean de Meun benutzt wurde. Somit kann durch Gegenüberstellung von Vorlage und Übersetzung an einem konkreten Beispiel Einblick in die Übersetzungspraxis im Mittelalter gewonnen werden.